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EU Social Security Law

Maximilian Fuchs (ed.), Robertus Cornelissen (ed.)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

Article 61 Special rules on aggregation of periods of insurance, employment or self-employment Maximilian Fuchs S. 391-396

„… solution must befound via the Member State of last employment or last self-employment.Article 61Special …” „… rules on aggregation of periods of insurance, employmentor self-employment(1) The competent institution …” „… self-employment shall, to the extent neces-sary, take into account periods of insurance, employment or …”

Titelei/Inhaltsverzeichnis S. 1-17

„… ........................................................................................... 372Special rules on aggregation of periods of insurance, employment or self-employment …” „… ...................................................................................Article 65389Special provisions for wholly unemployed self-employed frontier workerswhere no unemployment …” „… benefits system covering self-employed personsexists in the Member State of residence …”

Article 65 Unemployed persons who resided in a Member State other than the competent State Maximilian Fuchs S. 406-417

„… self-employment of at least 12 months in the MemberState to whose legislation he/she was last subject, where such …” „… . 71offered him/her the option of making him/self available to the employment ser-vices in the …” „… applicable, the claimant must make him-self/herself available to the employment services of the competent …”

Article 13 Pursuit of activities in two or more Member States Heinz-Dietrich Steinmeyer S. 191-201

„… self-employed activities. Theplace of work performance replaces the place of employment that is decisive …” „… attachment to the employment, the self-employed activity andthe place of residence rank. The conflict between …” „… does not have the function to deter-mine whether the person is an employed or a self-employed person …”

Article 65 a Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence Maximilian Fuchs S. 417-419

„… completed periods of insurance as a self-employed person orperiods of self-employment recognised for the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21. Availability of the unemployed person vis-à-vis the State of self-employment (para. 1 …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22. Competence of the State of last self-employment for providingbenefits (para. 2 …”

Overview Maximilian Fuchs S. 388-391

„… , employment and self-employment.The latter is new. It reflects the intention of coordination law to take …” „… solution must befound via the Member State of last employment or last self-employment.Article 61Special …” „… rules on aggregation of periods of insurance, employmentor self-employment(1) The competent institution …”

Article 11 General rules Heinz-Dietrich Steinmeyer S. 167-180

„… of an existing employment relation or apursued self-employed activity. In this case, the cash benefit …” „… rightly indicates theemployment or self-employment. This shall not apply to continuous benefits,which is …” „… due to an employment relationship ora self-employment.Art. 11 (3) (b) contains a deviant attachment …”

Article 12 Special rules Heinz-Dietrich Steinmeyer S. 180-191

„… employmentand self-employment equally, Art. 12 (1) only treats employed persons and para.2 contains a special …” „… Steinmeyer1920Provisions for self-employed persons (Art. 12 (2))Instead of the place of employment, the place …” „… the former State of em-ployment after the termination of an employment relationship, even if the …”

Overview Heinz-Dietrich Steinmeyer S. 161-167

„… self-employment – the place of workperformance are the relevant factors for the determination of the applicable …” „… Member State consid-erably.The problem to determine the terms “employment” and “self-employment …” „… problems of demarcation in national law (such as ‘false’self-employment, persons in a comparable situation …”

Article 28 Special rules for retired frontier workers Rolf Schuler S. 293-295

„… their MemberState of residence or in their State of employment or self-employment. Theregulation laid …” „… his/her activity as an employed or self-employed person, in sofar as this is a continuation of treatment …” „… employed or self-employed per-son for at least two years as a frontier worker shall be entitled to benefits …”

Article 1 Definitions S. 67-87

„… insurance" means periods of contribution, employment or self-employ-ment as defined or recognised as periods …” „… in-surance;(u) "period of employment" or "period of self-employment" mean periods so definedor recognised by the …” „… said legislation as equivalent to pe-riods of employment or to periods of self-employment;(v) "period …”

Article 62 Calculation of benefits Maximilian Fuchs S. 396-400

„… nevertheless only taken of the income received in theState of last employment or self-employment.Special rule …” „… self-employment.The legislation of the Member States normally provides for a ceiling withinthe framework of …” „… received bythe person concerned in respect of his/her last activity as an employed or self …”

Article 64 Unemployed persons going to another Member State Maximilian Fuchs S. 400-406

„… employment benefit at the increased rate for dependent members of the family(cf. Decision No. U1 …” „… national legislation even in the case of un-employment benefits – as these decisions indicate. In the Case …” „… as a personseeking work and have remained available to the employment services of the com-petent …”

Overview Rose Langer S. 36-38

„… very outset. The intention is to ensure goods, capital,services, employed and self-employed persons …” „… enjoy unrestricted circulationwithin the internal market as far as possible. Self-employed persons have …” „… themselves there permanently. Employed persons cantake up employment in another Member State or can be posted …”

Article 31 General provision Karl-Jürgen Bieback S. 297-298

„… a Member State on the basis of an activity asan employed or self-employed person. In such a case …” „… self-employed persons in a Mem-ber State, regulates the priority of compulsory insurance and the right to …” „… benefitsin kind arising from such employment and in the Member State of employmentvis-à-vis the compulsory …”

Article 32 Prioritising of the right to benefits in kind – special rule for the right of members of the family to benefits in the Member State of residence Karl-Jürgen Bieback S. 298-300

„… employment.Article 32Prioritising of the right to benefits in kind – special rule for theright of members of the …” „… kind is not subject to conditions of insu-rance or activity as an employed or self-employed person …” „… anactivity as an employed or self-employed person in the said Member State or receives apension from that …”

Article 66 Benefits Maximilian Fuchs S. 419-420

„… the competent Stateof last self-employment. The administrative arrangements for the above are laiddown …” „… the completion of periods of insurance, of employment or of self-employment, Article6 shall not …” „… )(a) is no longer required. This means theunemployed self-employed person is entitled to receive …”

Article 6 Aggregation of periods Rolf Schuler S. 141-146

„… , employment, self-employmentor residence shall, to the extent necessary, take into account periods of …” „… ) The respective periods of insurance, employment, self-employment or residence completed under the …” „… and self-employment and all periods treated as suchby the legislation of the Member State under which …”

Article 16 Exceptions to Articles 11 to 15 Heinz-Dietrich Steinmeyer S. 205-209

„… insurance according toemployment or self-employment is given priority.Title IIISpecial Provisions concerning …” „… this staff covered by Art. 3 (a) of Reg. No. 259/68 the EU firstconcludes temporary employment …” „… required skills concerning specific matters. In those cases there isonly a short-term employment of at …”

Article 14 Voluntary insurance or optional continued insurance Heinz-Dietrich Steinmeyer S. 201-204

„… para. 1 to 4 only takes the employment pursued within itsterritory into account, Art. 13 (5) stipulates …” „… self-em-ployed person and was receiving all his income in the Member State concerned.The provision does not only …” „… cover according to its wording cases of several em-ployments in several Member States but also cases of …”

Article 91 Entry into force Rob Cornelissen S. 543-544

„… pursues his employment or self-employ-ment, if the employment or self-employment is pursued in only one …” „… employment or self-em-ployment in two or more Member States and performs part of his/her activity or …” „… safeguarding the supplementary pension rights of employed and self-employedpersons moving within the Community …”

Article 68 Priority rules in the event of overlapping Franz Marhold S. 424-431

„… opening up in the direction of family benefitsand lastly the retention of the country of employment …” „… anactivity as an employed or self-employed person, secondly, rights available on thebasis of receipt of a …” „… or self-employed person: the place of residence of the children, provided that there issuch activity …”

Article 48 TFEU Rose Langer S. 51-58

„… relevance especially where the recognition of periods ofsuch employment in another Member State is concerned …” „… self-employed migrant workers and their dependants:(a) aggregation, for the purpose of acquiring and retaining …” „… Council forimplementing the social security schemes for employed persons, self-employedpersons and their …”

Overview Bettina Kahil-Wolff S. 58-67

„… not inter-fere with the principle of aggregating periods of insurance, employment,self-employment or …” „… employment.(2) The Treaty does not provide powers other than those of Article 308 totake appropriate measures …” „… self-employed per-sons and to members of their families moving within the Community ( 4 )has been amended and …”

Article 50 General provisions Rolf Schuler S. 357-362

„… (institutions, identificationnumbers), employment (employers) or self-employment (nature and place of activity …” „… order to improve pensionclaims in the longer term (by means of flanking measures in employment policyfor …” „… gender-specific differences in employment, pay andworking years. The intention is to further examine pension …”

Introduction Maximilian Fuchs/Rob CornelissenIntroduction S. 18-36

„… priority to the principle of the place of employment (lexloci laboris). For employed and self …” „… that periods of insurance and employment, self-employ-ment or residence shall be taken into account by …” „… fiscaalrechtelijke grensconflicten, 2011; Watson, EU Social and Employment Law,2009.Essays in journals and books …”

Overview Franz Marhold S. 420-422

„… being available to the employment services of the competent State.Application of the rules of …” „… different benefits. Art. 73 and 74 of Reg. No.1408/71 categorically stipulate the country of employment …” „… family benefits shall be provided by the competent institution of theState of employment according to its …”

Article 30 Contributions by pensioners Rolf Schuler S. 295-297

„… with the entitlement takes up an activity as an employed or self-employed per-son that is subject …” „… compulsory affiliation and entitlement to benefitsdue to an activity as an employed or self-employed person …” „… the basis of an activity asan employed or self-employed person. In such a case, the person concerned …”

Part 3: Association Agreements S. 553-571

„… extension 64 6– of insurance 1 22, 61 7, 9– of residence 1 22– of self-employment 61 8personal data …” „… self-employed person 3 6, 61 1, 62 1, 2self-employment 1 3, 2 2service 36 17Services Directive pre 17 pp 10 …” „… :2006:325, The Columbia Journal of European Law 2007, p. 489 et seq.; Watson, EU Socialand Employment Law, 2 …”

Article 67 Members of the family residing in another Member State Franz Marhold S. 422-424

„… familymembers residing in a Member State that is different from the State of employ-ment. Sentence 1 of the …” „… persons, self-employed persons and pensioners has been dropped, so thatall persons are now encompassed who …” „… connected to the Member State competent for the pen-sion, while the State of employment is the connecting …”

Article 3 Material Scope Maximilian Fuchs S. 94-118

„… , old-age, accidents at work and occupational diseases, un-employment, death (benefits for survivors and …” „… Austrian special systems for self-employed persons were al-ready integrated into the material scope of Reg …” „… the Länder for the self-employed who are membersof professional chambers (doctors, pharmacists …”

Article 4 Equality of treatment Bettina Kahil-Wolff S. 118-135

„… Directive 2006/54/EC (matters of employment and occupation/recast).For self-employed persons, reference …” „… of employment in the public service and employonly nationals as civil servants. Thus, Art. 11 (3) (b …” „… , self-em-ployed entrepreneurs or other people contributing to the national product. Thosepeople pay contributions …”

Article 15 Contract staff of the European Communities Heinz-Dietrich Steinmeyer S. 204-205

„… exercisedonce only, shall take effect from the date of entry into employment.Article 17 Reg. No. 987/2009 …” „… employment contract is concluded. The authority empowered to conclude thecontract shall inform the designated …” „… firstconcludes temporary employment relationships for a fixed period of only fiveyears that can be renewed for a …”

Special rules of the IR Rob Cornelissen S. 544-553

„… employment or self-employ-ment, if the employment or self-employment is pursued in only one Member State;(b …” „… ) the legislation of the Member State of residence if the person concerned pursues employment or …” „… self-em-ployment in two or more Member States and performs part of his/her activity or activities in the …”

Overview Rolf Schuler S. 281-284

„… forinsured employees or self-employed persons. They do not apply to a pensioneror the members of his/her …” „… an employee or self-employedperson.The material scope of Art. 23 et seq. encompasses only sickness …” „… an ac-tivity as an employed or self-employed person.With regard to the protection of pensioners in …”

Article 86 Bilateral agreements Rob Cornelissen S. 525-526

„… application.(2) Any period of insurance and, where appropriate, any period of employment, self-em-ployment or …” „… ofreimbursement by the State of last employment to the State of residence, of thecosts of unemployment benefits …” „… apolitical compromise. Art. 65(6) provides for a reimbursement by the State oflast employment during the …”

Article 5 Equal treatment of benefits, income, facts or events Rolf Schuler S. 135-141

„… , employment, self-employmentor residence shall, to the extent necessary, take into account periods of …” „… ) The respective periods of insurance, employment, self-employment or residence completed under the …” „… insurance, em-ployment, selfemployment or residence completed under the legislation of any otherMember State …”

Article 45 TFEU Rose Langer S. 38-51

„… regards employment, re-muneration and other conditions of work and employment.(3) It shall entail the …” „… ) to accept offers of employment actually made;b) to move freely within the territory of Member States …” „… for this purpose;c) to stay in a Member State for the purpose of employment in accordance with …”

Article 9 Declaration of the Members States on the scope of this Regulation S. 156-159

„… , taking account of allperiods of insurance and employment the employee has completed with no re-gards to …” „… of Movementagain and completes further periods of insurance or employment that take placeafter Reg …” „… employees who have been in this Member State for atleast 15 years before their last employment abroad …”

Article 56 Additional provisions for the calculation of benefits Rolf Schuler S. 379-380

„… , self-employment or residence which either qualify for, or directly increase, thebenefit concerned.(2) The …” „… leg-islation.For the purposes of this Article, "periods" shall mean all periods of insurance, employ-ment …”

Overview Karl-Jürgen Bieback S. 209-226

„… self-employment is given priority.Title IIISpecial Provisions concerning the various categories of benefitsChapter …” „… pursuing anactivity as an employed or self-employed person. The insurance according toemployment or …” „… borders in order to take up employment, but alsofor tourists and private persons who stay in another …”

Article 22 Pension claimants Karl-Jürgen Bieback S. 277-281

„… particular the last Member State of employment) during the timethe pension claim is being investigated.Loss …” „… employment relationship).This problem rarely arises for pension claimants residing in Member Statesthat have …” „… subsidiary vis-à-vis the coordination provisions forinsured employees or self-employed persons. They do not …”

Article 53 Rules to prevent overlapping Rolf Schuler S. 373-375

„… conflict-of-Member State exists for thechild-rearing person due to a person's employment or self-employment …”

Article 87 a Transitional provision for application of Regulation (EU) No 465/2012 Rob Cornelissen S. 528-541

„… family ties with theState of last employment might have better chances to find new work in theMember …” „… State of last employment. Such ‘atypical frontier workers’ couldchoose to make themselves available to …” „… the employment services in the State oflast employment and claim unemployment benefit there. Art. 65 …”

Article 57 Periods of insurance or residence of less than one year Rolf Schuler S. 380-384

„… periods of insurance, employ-ment, self-employment or residence which either qualify for, or directly …”

Article 52 Award of benefits Rolf Schuler S. 365-373

„… a person's employment or self-employment (accord-ing to Art. 11 (3)(a)(b)) (para. 3).Article 53Rules …” „… person concerned on the grounds that heor she was pursuing an activity as an employed or self …” „… anotherMember State due to the pursuit of an employed or self-employed activity.Article 50 Reg. No. 987/09 …”

Overview S. 526

„… application.(2) Any period of insurance and, where appropriate, any period of employment, self-em-ployment or …”

Article 27 Stay of the pensioner or the members of his/her family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment outside the Member State of residence Rolf Schuler S. 290-293

„… Member State wherehe/she last pursued his/her activity as an employed or self-employed person, in sofar …” „… pension has been pursuing an activity as an employed or self-employed per-son for at least two years as a …” „… or self-employed person as a frontier worker for at leasttwo years in the five years preceding …”

Article 2 Persons covered S. 87-94

„… registering as a job-seeker with the employment services of eachMember State entered. Those provisions should …” „… with the employment services of the Member State entered and the right towork there legally.(15) This …” „… of the person concerned (worker,self-employed, student etc.) does not any longer have relevance under …”

Article 18 Stay in the competent Member State when residence is in another Member State – special rules for the members of the families of frontier workers Karl-Jürgen Bieback S. 240-242

„… their place of employment in the competent State of affiliation when theystay there.Art. 18 para. 1 and …” „… activity as an employedor self-employed person in a Member State (State of the competent institution …”

Article 23 Right to benefits in kind under the legislation of the Member State of residence Rolf Schuler S. 284-286

„… )(d)TFEU at the end of their working lives migrant workers and migrant self-em-ployed persons have a right …” „… coordinationprovisions concerning the aggregation of periods of insurance, employment andresidence pursuant to Art. 6 and …”

Article 17 Residence in a Member State other than the competent Member State Karl-Jürgen Bieback S. 226-240

„… to gainfullyemployed persons, i.e. workers and self-employed persons, but more generallyto insured …” „… gainful employ-ment in their new place of residence in the other Member State. Even in such acase the …” „… in fact remain workers for as long asthey seek gainful employment and therefore fall under Art. 17 …”

Article 87 Transitional provisions Rob Cornelissen S. 526-528

„… application.(2) Any period of insurance and, where appropriate, any period of employment, self-em-ployment or …”

Overview Maximilian Fuchs S. 313-317

„… a different Member State (than theirMember State of residence or employment). However, the right to …” „… Simplification by means of referralFormer coordination legislation applied only to workers, self …”

Article 35 Reimbursements between institutions Karl-Jürgen Bieback S. 307-313

„… the competent institution cannot charge higher rates than those it applies it-self to its own insured …” „… anemployed or self-employed person, they shall be liable to pay the full costs of benefits in kind provided …” „… theirMember State of residence or employment). However, the right to claim benefitscan indeed be established …”

Article 19 Stay outside the competent Member State Karl-Jürgen Bieback S. 242-255

„… include among others tourists, visitors, transients (as em-ployed and self-employed persons or tourists …” „… ) and persons seeking employment1.Article 19Karl-Jürgen Bieback 22978910with no fixed residence. In the …”

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Einkommenssituation Selbständiger in der Europäischen Union

Iris Burmester

Series: FFB - Schriften des Forschungsinstituts Freie Berufe der Leuphana Universität Lüneburg

Volume 25 2017

Results in this title

Literaturverzeichnis S. 519-548

„… . Alba-Ramirez, Alfonso (1994): Self-Employment in the Midst of Unemployment the Case of Spain and the United …” „… of Self-Employment and Hierarchy. In: Economica 75 (298), S. 362– 383. Besim, Mustafa; Jenkins, Glenn …” „… , zuletzt geprüft am 09.10.2013. Blanchflower, David G. (2000): Self-Employment in OECD Countries. In …”

Anhang S. 409-519

doi.org/10.5771/9783845283159

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Standards guter Arbeit

Dorothea Alewell (ed.), Wenzel Matiaske (ed.)

Series: Zentrum und Peripherie

Volume 13 2019

Results in this title

Katharina Klug, Jörg Felfe A Person-oriented Approach to Health-oriented Leadership – State of the Art and a Research Agenda S. 17-38

„… relationships (e.g., remote work as a solo-self-employed freelancer). These employment relationships are often …” „… health, being healthy is also an important precondition to maintain employment (Jahoda, 1982; Ross …” „… structures. Recent developments, such as the growth of atypical employment and the digitalization of the …”

Christine Busch, Tim Vahle-Hinz Gesundheit und Wohlbefinden in einer Arbeitswelt im Wandel: Aufrechterhaltung von Standards guter Arbeit bei multikulturellen Belegschaften und flexibler Arbeit S. 39-62

„… employment, uncertainty about the work environment, uncertainty about future employment, constant evaluation …” „… effort) und vier beschäftigungsbezogene Ressourcen (employment control, earnings control, security when …” „… unemployed, complexity due to employment) identifizieren (Vahle-Hinz, Kirschner & Thomson, 2013). Des …”

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Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

2007

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Christa Tobler Going Global in Sex Equality Law The Case of Gender Representation Rules for Company Boards S. 891-916

„… self-employment? 903 bb) Which Directive applies to the self-employed? 905 4. The Norwegian rules: discrimination …” „… self-employment? On the level of the sex equality Directives relevant for the purposes of EEA law, it would seem …” „… self-employment in their respective field, it is only natural that these Directives were made to cover also …”

Samuel Issacharoff A Cosmopolitan Judge for a Cosmopolitan Era. An Essay in Honor of Carl Baudenbacher S. 131-140

„… right of employment, and so forth. Increasingly as well, there will be an integrated European …” „… monopoly is not necessarily the product of political market failure in which self-interest overwhelms the …” „… state, there is not the risk of private economic self-interest distorting the presumed gains in …”

Eleanor Sharpston An impressive level of scrutiny: Appearing before the EFTA Court in two early cases S. 243-252

„… enterprise of GMC was transferred to Norske Fabricom (›NF›). GMC’s employees were offered employment with NF …” „… . Mr Langeland accepted this offer on 28 June 1994 by signing an employment contract issued by NF …” „… employment contract with GMC, to coverage of the premiums in question, but that (b) by signing the employment …”

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Wechselwirkungen von Migration und Integration im europäischen Mehrebenensystem

Klaus Sieveking (ed.)

Series: Schriftenreihe des Zentrums für Europäische Rechtspolitik der Universität Bremen (ZERP)

Volume 63 2011

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Elspeth Guild Free Movement of Workers in the EU the Changing Nature of Rights S. 59-72

„… EU and EU workers in Turkey, and a standstill provision in respect of self employment and service …” „… provision – Member States were prohibited from making access to the territory and self employment more …” „… Justice on the difference between employment and self employment in 2001 in preparation for the 2004 …”

Tineke Strik Mitgliedstaatliche Konkretisierungen S. 117-154

„… courses leading up to levels of language proficiency which went beyond the level of social self …” „… work, exchange or medical treatment, as well as persons with a work permit, self-employed and highly …” „… ‘self-selection’, implying that family migrants can choose not to live with their spouse or partner.40 Some …”

doi.org/10.5771/9783845231303

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